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1987 Supreme(AP) 21

B.P.JEEVAN REDDY, RAMA RAO
CHERUKURI VENKATA RAO – Appellant
Versus
Brahmojosyula Bala Gangadhara Sharma – Respondent


JEEVAN REDDY, J.

( 1 ) THIS Civil Revision petition has been referred to a Bench in view of the importance of the question involved. We shall first state the relevant facts :

( 2 ) DEFENDANTS 1 and 2 (Respondents 1 and 2 in this Civil Revision Petition) executed an agreement of sale in favour of the plaintiff (revision- petitioner) on 17-3-1968 agreeing to sell an extent of Ac. 8-62 cents of land in Survey No. 681/1 of Raghudevapuram village for a consideration of rs. 10,000/ -. A sum of Rs. 3,000/- was paid by way of earnest money. Alleging that defendants 1 and 2 have refused to abide by the terms of the agreement, the plaintiff filed O. S. 105/1968 on the file of the learned District judge, East Godavari, Rajahmundry, for specific performance of the agreement. Though the suit was dismissed by the trial Court on 31-12-1969, it was decreed in Appeal, A. S. 316/1970, by this Court by its Judgment and decree dated 22-3-1973. Clause 2 of the decree, while providing that the plaintiff shall pay a sum of Rs. 7,000/- towards balance of the sale consideration, did not evidently by inadvertance-prescribe the period within which such deposit had to be made. The execution of the sale-deed an
















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